Comprehensive commentary on CSOS appeals

In Part 1 of this commentary, we set the scene by laying out what s 57 of the Community Schemes Ombud Service Act 9 of 2011 (“the CSOS Act”) provides in respect of the limited right to appeal against CSOS adjudication orders.

Then, in Part 2, we compile a brief history of the various reported and unreported judgments on the subject, from May 2018 to December 2022. We demonstrate how the case law has been evolving in relation to the different procedures used across the High Court provincial divisions to launch the appeal in terms of s 57 of the CSOS Act. That is, we show how it came about that some High Court jurisdictions use the notice of motion with supporting affidavits procedure (notably the Western Cape and Kwa-Zulu Natal), while Gauteng utilises the notice of appeal procedure as provided in the Uniform Rules of Court.

From there, we grapple with the comparison between a question of law and a question of fact, since appeals against CSOS adjudication orders are limited to questions of law only, we tabulate the various cases, categorise the questions of law faced and handled by the court, and provide some interesting data into those judgments (i.e. the number of judges), in Part 3.

Part 4 then pivots to a discussion of prospects of success in launching a condonation application in the High Court for the late filing of an appeal against a CSOS adjudication order (you are supposed to lodge the appeal within 30 days of receipt of the adjudication order). Again, we see divergent views across the provincial divisions of the High Courts, with the Western Cape saying condonation is possible, and Gauteng saying it is not possible.

In Part 5, we attempt to answer the question of whether applications to stay the enforcement of an adjudication order are automatic or not, and the answer seems to depend, yet again, on whether you are in the Western Cape or Gauteng.

In part 6, we set out the other potential avenue available to unsatisfied parties following a CSOS adjudication order: judicial review instead of appeal. Judicial review may be less costly and more successful, opening up a wider range of possibilities than a limited appeal in terms of s 57 of the CSOS Act (not to mention less confusing).

We end off by making some conclusionary remarks and offering up a summary table of the differences between Gauteng and the other High Court jurisdictions in Part 7

Click on the button below to download the article containing the comprehensive commentary. We know it’s a lengthy one this time – simply navigate through the commentary using the table of contents on the cover page to access the different parts in more digestible chunks.